1. Applicant’s Name: a. Application Date: 18 May 2015 b. Date Received: 1 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his discharge was inequitable because it was based on one isolated incident in 15 years of good service, with no other adverse action. The applicant states that he has been honorably discharged from the Army four times, immediately reenlisting in to the service. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. Mental Status Examination (not dated or signed) indicated diagnoses of Anxiety Disorder NOS and Depressive Disorder NOS. Medical Report from January 2012 reports applicant saw mental health doctor in Van Nuys, CA for PTSD; however, there are no supporting documentation of this diagnosis or treatment. Electronic medical records revealed behavioral health treatment following the December 2011 incident in which the applicant reported symptoms of Depression, Anxiety, Anger, and Sleep problems stemming from the accident and PTSD symptoms stemming from deployments. No indication of prior PTSD symptoms were indicated. ASAP treatment was also sought in 2012. In a records review conducted at Arlington, VA on 19 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 19 June 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons, which took place on 26 December 2011 in the state of Arizona: operated a motor vehicle while under the influence of alcohol, recklessly engaged in conduct that created a grave risk of death and thereby cause the death of T.S.B., charged with one count of second degree murder in violation of A.R.S. 13—1104(A)(3), 13-105; committed aggravated assault and were charged with five counts of aggravated assault in violation of A.R.S. 13-1204(a)(2) and (3), 13-704, 13-105; and, committed endangerment and were charged with four counts of endangerment in violation of A.R.S. 13-1201(A)< 13-704, 13-105. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 March 2012 (5) Administrative Separation Board: 21 May 2012 (6) Separation Decision Date/Characterization: 7 June 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 13 July 2007 / Indefinite b. Age at Enlistment/Education/GT Score: 34 / Associate’s Degree / 119 c. Highest Grade Achieved/MOS/Total Service: E-6 / 88M10, Motor Transport Operator / 15 years, 8 months, and 14 days d. Prior Service/Characterizations: RA, 6 October 1996 – 24 June 1999 / HD RA, 24 June 1999 – 17 June 2002 / HD RA, 18 June 2002 – 23 May 2005 / HD RA, 24 May 2005 – 12 July 2007 / HD e. Overseas Service/Combat Service: Germany, SWA / Iraq (24 August 2008 – 18 August 2009), Kuwait (23 February 2003 – 31 July 2003) f. Awards and Decorations: ICM-2CS, ARCOM-3, AAM-2, AGCM-5, NDSM, GWTEM, GWTSM, NOPDR-3, ASR, OSR-2 g. Performance Ratings: 1 September 2005 – 14 November 2011, Among The Best 15 November 2011 – 31 January 2012, Marginal h. Disciplinary Action(s)/Evidentiary Record: DA Form 4856 (Developmental Counseling), dated 3 February 2012, recommending the applicant for separation under AR 635-200, Chapter 14-12c. La Paz County Jail Arrest/Booking Record, received 27 December 2011. State of Arizona vs. Applicant Court documents, Booking No 67303, reflect the applicant was arrested on 26 December 2011 for striking another vehicle from behind causing fatal injury to T.S.B as a result of the collision, with four others sustaining non-fatal injuries. The applicant provided a breath sample using a PBT, which showed 0.116 BrAC, well over legal limit. Arizona Department of Public Safety Disposition Report, Booking Number LPZ157789, reflects the applicant was facing charge of (Charge 1) murder 2nd degree and (Charges 2 and 3) aggravated assault – serious physical injury. Arizona Department of Public Safety Continuation/Supplemental Report Charging Summary, dated 29 December 2011, reflects the applicant was pending one count each of second degree murder (Class I felony), aggravated assault (Class 2 felony), and criminal damage (Class 6 felony). In addition, he was also pending three counts of endangerment (Class 6 felony). Arizona Department of Public Safety Offense / Incident / Alcohol Report (Offense Report), received 30 December 2011, indicates the applicant was identified as a suspect of an offense/incident of 2nd Degree Murder reported on 26 December 2011. Superior Court of the State of Arizona, County of La Paz, court documents. General Officer Memorandum of Reprimand, dated 23 February 2012, for driving over 800 miles from California to El Paso, Texas after having consumed several beers and liquor. At approximately 0100 hours in La Paz County, Arizona, the applicant fell asleep and slammed his car into the rear of a van while traveling 90MPH. The impact caused the van to spin out of control and roll over several times onto the median of the highway. One passenger was ejected from the van and killed, while the four other occupants were seriously injured. The applicant’s BAC was .13 percent. DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), reflect an Administrative Separation Board convened on 21 May 2012, to determine whether the applicant should be separated from the United States Army, under the provisions of AR 635-200, Chapter 14-12c, Commission of Serious Offense. Administrative Separation Board Findings, prepared by the board recorder, and the Verbatim Findings and Recommendations, signed by the board members, reflect the applicant was found to have committed the act of misconduct that created a grave risk of death and thereby cause the death of Mr. B. In view of the finding, the board recommended that the applicant is undesirable for further retention in the military service, his rehabilitation is not deemed possible, and that he should be discharged from the service due to the stated violation with an Under Other Than Honorable Conditions characterization of service (suspended for 12 months or upon conclusion of the civilian court, whichever is sooner). i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), undated and lacks medical official’s signature, reflects the applicant had a clear and normal thought process and was mentally responsible. The applicant was diagnosed with (Axis I) Anxiety Disorder NOS and Depressive Disorder NOS. DA Form 2807-1 (Report of Medical History), dated 31 January 2012, reflects the applicant reported having seen a mental health doctor in Van Nuys, CA for his PTSD. The medical examiner noted, “17a. Recent traumatic events (death, incarceration) and PTSD from multiple deployments to Iraq.” 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 18 May 2015; self-authored statement; DD Form 214; NCO Evaluations; Honorable Discharge certificates; ERB; and copies of award certificates and orders. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed.The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance, such that he should have been retained. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that he had 15 years of good service, with no other adverse action. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009649 5